State moves against mercury

Cuts on power plant pollution advance

Taking a swipe at the Bush administration's environmental policy, Illinois moved closer Thursday to requiring deep cuts in mercury pollution from coal-fired power plants.

The limits endorsed by a state rule-making panel would make Illinois one of two dozen states that have rejected a slower, more lenient approach adopted by the federal government.

What makes the Illinois regulations stand out is that Illinois is a major coal producer and user.

Half of its electricity comes from aging power plants that burn coal. Those smokestacks are major sources of mercury, a toxic metal that can damage the developing brain and nervous system of a fetus or young child.

"Mercury shouldn't be contaminating our lakes and rivers," said Steve Frenkel, director of policy development for Gov. Rod Blagojevich, who has made the tougher state rules a key part of his re-election campaign.

"We know it's a potent neurotoxin," Frenkel said. "And now we know we can reduce it effectively and inexpensively."

2 utilities change stance

After initially complaining the state's rules would be too costly and impossible to achieve, two major utilities cut a deal with the Blagojevich administration under which they will get more time to comply with the state's standards.

Those companies, Ameren and Dynegy, pledged to reduce mercury emissions by 90 percent by 2015, instead of by 2009. In return, they agreed to tighter limits on other forms of air pollution that causes smog, soot and acid rain.

A third company, Midwest Generation, continues to fight the requirements and could be forced to comply with Blagojevich's original proposal.

The federal rules, by contrast, call for a 70 percent reduction in mercury emissions by 2018.

The EPA's inspector general reported earlier this year that allowing utilities to trade the right to release mercury could make it more difficult to reduce high levels of the toxic metal in parts of the nation.

Mercury pollution is so pervasive that Illinois and 43 other states advise anglers to limit consumption of freshwater fish, mostly large predator species that can accumulate large amounts of the metal.

About 40 percent of the fish sampled statewide during the past two decades had mercury levels above the federal exposure limit for an average-size woman, according to state records reviewed by the Illinois Public Interest Research Group.

State officials have declined to say if the new rules would enable them to drop the fish advisories. But some researchers have found that reducing pollution from nearby sources leads to lower mercury levels in fish.

Following more than 7,300 public comments and 18 days of hearings, the Illinois Pollution Control Board found the mercury regulations are "economically feasible" and "technically justifiable." Before taking effect, the rules still must pass muster with a panel of state lawmakers.

The last roadblock could be Midwest Generation, owner of coal-fired power plants in Chicago's Little Village and Pilsen neighborhoods as well as Romeoville, Joliet and Waukegan.

Equipment tested during the summer at the Crawford plant in Little Village reduced mercury emissions by more than 80 percent but failed to consistently achieve the 90 percent target, said spokesman Doug McFarlan.

"We agree it's a relatively cost-effective way to get significant reductions," McFarlan said. "But we think it's premature to say we can guarantee a 90 percent reduction."

Companies seek more time

Company executives are trying to negotiate a compromise with state officials that would give them more time and flexibility to reduce mercury and other forms of air pollution, including sulfur dioxide and nitrogen oxide.

"It's time for Midwest Gen to step up and be a responsible corporate citizen," said Howard Learner, executive director of the Environmental Law and Policy Center. "They should be part of the solution along with the other utilities."